Attorney answers (4)
Set the case for trial. Request extensive discovery on the contracts between the city and the private vendor who maintains the system. If they deny the info serve a subpoena on them for the docs. Study all hearsay objections. The essence of hearsay is that it's not reliable unless some exception applies. However, even if one may apply you may overcome the presumed reliability by showing a pecuniary interest by the private vendor. The entire prosecution is based on hearsay.....
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Here is how it works. A camera is located to show each vehicle that passes the white line on the ground at the surveyed intersection while the stop light is red. The movement will trigger the camera to take photos of the vehicle and license plate. Only upon review of the camera evidence does a ticket issue. In other words, the proof of the offense exists and that proof is in possession of the authorities before the ticket goes out by US mail.
Running a red traffic signal is a ticketable offense and is subject to a fine penalty. To determine if your rights have been violated you may inquire to view the camera evidence. 23 people marked this answer as good
You can go down to the lower lobby of the court/police station and view the pictures to see if you really have a defense. My opinion is that fighting these really aren't worth your time/money. They're not traffic violations and will not affect your insurance. They're the equivalent of a parking ticket (but they're generating huge amounts of revenue for the city). My wife got one. I sent in the check. I believe there is presently a challenge to this practice of taking your picture at the intersection, but am not aware that a decision has arrived.
25 people marked this answer as good
Mr. Parnell has some very good points. The ticket will not affect your insurance premiums, but you should not ignore it or you could face some adverse licensing consequences. However, you still have the right to fight the ticket and many people do argue these cases in court. A good defense is one that a judge will buy, and a good defense in one place could be a bad defense in another place, which is why it's difficult for a professional to give you specific information without knowing all the facts. Congrats on considering whether to fight the ticket.
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Other answers (7)
yjeep93
Answered by a user, over 2 years ago.
This is the equivalent of a parking ticket. There is a class action lawsuit against many cities in Washington right now, including Lynnwood. The suit goes after the cities of Bellevue, Fife, Lynnwood, Monroe and Renton for failing to obtain the legally required approval from the state Administrative Office of the Courts for infraction forms. Auburn, Lakewood and SeaTac actually used forms that were rejected by the court.
"According to state law, a traffic infraction case does not begin, and there is no presumption that an infraction was committed, until a ticket on an approved form is issued by a police officer," the suit argues. "Despite this violation of state law, the cities and the two camera companies have been improperly collecting and splitting millions of dollars by mailing out what amounts to fake tickets." The issue is more than a technicality, as the cities of Fife and SeaTac deliberately omitted mention that accused vehicle owners could file a declaration of nonresponsibility under state law. The firm also argued that the state's presumption that the owner of a photographed vehicle is the driver responsible for the offense impermissibly shifts the burden of proof to the defendant, in violation of state and federal due process rights. 23 people marked this answer as good
yjeep93
Answered by a user, over 2 years ago.
One more important key piece of information. There's actually three firms involved in class action suits.
A trio of powerhouse lawfirms are taking on nearly all the cities in Washington state that employ red light cameras and speed cameras. The firm Williamson and Williams struck first by filing a proposed class action suit on Tuesday against nineteen cities. The firm's primary claim is that the $124 fines imposed on clients violated a state law specifying that automated tickets "shall not exceed the amount of a fine issued for other parking infractions within the jurisdiction." General parking fines are between $25 and $50 in each jurisdiction. 16 people marked this answer as good
Scott Weymouth Lawrence, licensed in Washington
superdonic
Answered by a user, over 2 years ago.
My main concern with all of these cameras is typically when you get pulled over by an office of the law, you are in fact the one driving the vehicle and he can see that when he comes up to you and asks for your drivers license. In all of the photos taken and seen examples of, not once is there a picture of the actual driver so where is the proof that you actually committed the infraction. The assumption that just because your car was there does not mean you were the one driving the vehicle at the time and place it occurred. I don't know about all families, but we have a real close family and a number of people are always driving the same vehicle here and there. I actually received one of these in the mail recently and it was a day I wasn't even home and someone else was driving our car who lives with us in the family. Of course, how can you prove that when all they care about is who the car is licensed to. Of course, the licensed owner MUST have been the driver of that car. This is just a money making scheme for the cities and they know it. I noticed the only issue everyone tends to have is if the fine is excessive, which granted they are, but also the proof of knowing who is the driver of the vehicle at the time of the infraction just makes the issue of a ticket insane.
6 people marked this answer as good
1976fj40
Answered by a user, about 2 years ago.
I also received one of these tickets, tried to fight it and failed. I would have just paid it knowing it doesnt really hurt my record (not so true) but I had airplane tickets, receipts pictures and other evidence proving I was in Florida when this happened so I thought it was a clear cut case. Went to court, and long story short was told, I am responsible for my vehicles and unless I can get the person who was driving at that time to admit guilt, I will be paying the ticket. Didnt want to rat my brother out so I forked over my money.
Not hurting your record though is not entirely true, when you get pulled over and the police run your drivers license number ALL of your driving infractions come up. Not only do the infractions come up, it shows what you were pulled over for/charged with, not what you were actually found guilty of. Example, if you were pulled over for racing and they only find you guilty of speeding, racing comes up on their computer. Police are biast, if you know one, ask them. The 4 police officers I know all admit to it. If you have a long list in their database, your getting a ticket, its called repeat offender, and police love repeat offenders. My advise, avoid Lynnwood city limits, the police department will get your money one way or another over time. Talk to a lawyer, there are plenty of loop holes to get you out of these. Its expensive and takes time, and there is a very good chance you will be paying your $124 anyway, but at least you have the satisfaction of wasting the police departments time and money. 5 people marked this answer as good
bestbuyguy41
Answered by a user, about 2 years ago.
its a light raping from those who we pay to protect and serve. Fighting these goons doesnt work my suggestion is wipe your ass with your ticket, write the check, spit in the envelope and some goon will know how its cities tax payers feel
8 people marked this answer as good
daniel.e.rogers
Answered by a user, about 2 years ago.
I received a ticket by mail indicating that "on or about" 8/4/09 I had violated a Creve Coeur, MO.
municipal ordinance for incursion into a proscribed zone at 35 mph. I have since set a trial date for 1/14/10. Since this a photo ticket, and while I am a licensed Missouri Lawyer #19115, I do not know how to defend myself. Your thoughts would be greatly appreciated! Daniel E, Rogers 8350 Delcrest Dr. St. Louis, MO. 63124 314-983-0666 e-mail - daniel.e.rogers@sbcglobal.net 1 person marked this answer as good
daniel.e.rogers
Answered by a user, about 2 years ago.
I don't know how to defend a Missouri Municipal Court camera issued. Please give me some
suggestions. Dan Rogers - St. Louis e-mail - daniel.e.rogers@sbcglobal.net 1 person marked this answer as good
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